Remittitur Damnum refers to the court’s decision to decrease the amount of damages awarded. It occurs when a higher court instructs a lower court to reduce the damages. Remittitur of Record, on the other hand, is when an appellate court sends the case transcript back to the trial court. This serves as a notice for the trial court to reevaluate the case and make any required modifications according to the higher court’s ruling.
Remittitur damnum is a legal term that refers to the reduction of damages awarded by a court in a civil case. It is a Latin term that means “the damage is remitted.” For instance, if a jury awards a plaintiff $100,000 in damages in a personal injury case, the judge may find this amount excessive and order a remittitur damnum, reducing the damages to $50,000. This example demonstrates how a court can utilise remittitur damnum to decrease the amount of damages awarded in a civil case. The judge may determine that the jury’s award is excessive or unsupported by the evidence presented at trial. In such situations, the judge may order a remittitur damnum to establish a more reasonable amount of damages.
On the other hand, remittitur of record is the process of sending the transcript of a case back from an appellate court to a trial court. It serves as a notice that instructs the trial court to take further action in the case. For example, after an appeal, the appellate court may issue a remittitur of record, sending the case back to the trial court with instructions to enter a new judgement in accordance with the appellate court’s decision. This example illustrates how a remittitur of record is employed to return a case to the trial court following an appeal. The appellate court may issue a remittitur of record along with instructions for the trial court to undertake additional actions, such as entering a new judgement or conducting a new trial.
Remittitur damnum refers to a legal term used in personal injury cases where a judge reduces the amount of damages awarded by a jury.
A judge can grant remittitur damnum when they believe that the jury’s award of damages is excessive or unreasonable.
A judge considers various factors such as the severity of the injury, the impact on the plaintiff’s life, the extent of medical expenses, and the precedent set by similar cases.
Yes, a plaintiff has the right to reject the judge’s decision and can choose to have a new trial to determine the damages.
No, remittitur damnum is typically requested by the plaintiff or the judge can initiate it on their own.
If the plaintiff accepts the decision, the damages awarded by the jury will be reduced to the amount determined by the judge.
Yes, a plaintiff can appeal the judge’s decision if they believe it was unjust or unfair.
Yes, in some cases, a judge can increase the damages awarded by a jury, which is known as additur.
Yes, the judge’s power to grant remittitur damnum is limited by the principle that the jury is the fact-finder and has the primary responsibility for determining damages.
The use of remittitur damnum varies depending on the jurisdiction and the specific circumstances of the case. It is more commonly used in cases where the jury’s award is deemed excessive.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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